The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—present Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—excused Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—excused

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Kenneth L. Kurtz, from the 58th District, offered the following invocation:

“Eternal God and Heavenly Father, we’re grateful for life. For its deeper meanings, for our relationships; our homes, our families, we’re grateful. We realize, as the writer said so long ago, a journey of a thousand miles begins with one step. God guide our steps, as we take them, throughout the balance of this year, and even this day. Grant to each one of us the sense of Thy peace. In the name of Christ, I pray, Amen.”

______

Rep. Segal moved that Reps. Meadows and Womack be excused from today’s session.

A resolution to memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as being legal to carry concealed weapons in the state of Wisconsin.

Whereas, The Wisconsin Legislature recently enacted 2011 Act 35 authorizing appropriately licensed Wisconsin residents to carry concealed weapons. Prior to July 2011, Wisconsin was one of just two states that did not issue concealed weapon licenses. Wisconsin has now joined with 48 states, Illinois excepted, that issue concealed weapon licenses to qualified residents; and

Whereas, A nonresident of Michigan with a valid concealed pistol license (CPL) from his or her home state may carry in Michigan. The CPL holder must obey all restrictions appearing on their permit as well as adhering to Michigan’s CPL law. When the Wisconsin concealed carry law becomes effective in November 2011, Wisconsin residents with a legal concealed permit will be allowed to carry in Michigan; and

Whereas, The Wisconsin Department of Justice has been charged with determining which CPLs issued by other states will be honored in Wisconsin. Residents of those states that require CPL applicants to undergo a background check similar to that required in Wisconsin will be allowed to carry concealed in the state of Wisconsin. Michigan law requires that county sheriffs verify a number of factors concerning a CPL applicant prior to the issuance of a CPL including whether the applicant is allowed to possess, sell, or purchase a firearm and whether the applicant has been convicted of a felony in Michigan or any other state. Such verification provides safety measures to ensure those not qualified to carry concealed do not receive a license; now, therefore, be it

Resolved by the House of Representatives, That we respectfully memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as legal to carry concealed weapons in the state of Wisconsin; and be it further

Resolved, That copies of this resolution be transmitted to Wisconsin Attorney General J.B. Van Hollen, Wisconsin Department of Justice.

A concurrent resolution to memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as being legal to carry concealed weapons in the state of Wisconsin.

Whereas, The Wisconsin Legislature recently enacted 2011 Act 35 authorizing appropriately licensed Wisconsin residents to carry concealed weapons. Prior to July 2011, Wisconsin was one of just two states that did not issue concealed weapon licenses. Wisconsin has now joined with 48 states, Illinois excepted, that issue concealed weapon licenses to qualified residents; and

Whereas, A nonresident of Michigan with a valid concealed pistol license (CPL) from his or her home state may carry in Michigan. The CPL holder must obey all restrictions appearing on their permit as well as adhering to Michigan’s CPL law. When the Wisconsin concealed carry law becomes effective in November 2011, Wisconsin residents with a legal concealed permit will be allowed to carry in Michigan; and

Whereas, The Wisconsin Department of Justice has been charged with determining which CPLs issued by other states will be honored in Wisconsin. Residents of those states that require CPL applicants to undergo a background check similar to that required in Wisconsin will be allowed to carry concealed in the state of Wisconsin. Michigan law requires that county sheriffs verify a number of factors concerning a CPL applicant prior to the issuance of a CPL including whether the applicant is allowed to possess, sell, or purchase a firearm and whether the applicant has been convicted of a felony in Michigan or any other state. Such verification provides safety measures to ensure those not qualified to carry concealed do not receive a license; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we respectfully memorialize the Wisconsin Department of Justice to recognize Michigan concealed pistol license holders as legal to carry concealed weapons in the state of Wisconsin; and be it further

Resolved, That copies of this resolution be transmitted to Wisconsin Attorney General J.B. Van Hollen, Wisconsin Department of Justice.

The concurrent resolution was referred to the Committee on Judiciary.

Rep. Stamas moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 347.

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Segal moved that Rep. Jackson be excused temporarily from today’s session.

A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 3f (MCL 205.93f), as added by 2008 PA 440.

(The bill was passed on August 24, see House Journal No. 65, p. 2104.)

Rep. Stamas moved to reconsider the vote by which the House passed the bill.

The motion prevailed, a majority of the members serving voting therefor.

Third Reading of Bills

Senate Bill No. 347, entitled

A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 3f (MCL 205.93f), as added by 2008 PA 440.

The question being on the passage of the bill,

Rep. Moss moved to substitute (H-1) the bill.

The motion was seconded and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 324 Yeas—66

Agema Haines Liss Poleski

Bolger Haveman Lori Potvin

Bumstead Heise Lund Price

Callton Hooker Lyons Pscholka

Cotter Horn MacGregor Rendon

Crawford Hughes MacMaster Rogers

Daley Huuki McBroom Schmidt, R.

Damrow Jackson McMillin Schmidt, W.

Denby Jacobsen Moss Scott

Dillon Jenkins Muxlow Shaughnessy

Farrington Johnson O’Brien Shirkey

Forlini Knollenberg Oakes Somerville

Foster Kowall Olson Stamas

Franz Kurtz Opsommer Walsh

Genetski LaFontaine Ouimet Yonker

Gilbert Lane Outman Zorn

Glardon Lindberg

Nays—42

Ananich Durhal Lipton Slavens

Barnett Geiss McCann Smiley

Bauer Goike Melton Stallworth

Bledsoe Hammel Nathan Stanley

Brown Haugh Nesbitt Stapleton

Brunner Hobbs Olumba Switalski

Byrum Hovey-Wright Pettalia Talabi

Cavanagh Howze Rutledge Tlaib

Clemente Irwin Santana Townsend

Constan Kandrevas Segal Tyler

Darany LeBlanc

In The Chair: Walsh

______

The Speaker resumed the Chair.

Comments and Recommendations

Rep. Stamas moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Melton:

“I want to thank a few people, I’m going to be very, very short, I just want to thank a few people. First off, my constituents that had faith in me; had some tough elections, but with my three terms on the county commission and now my three terms here; I’m just thankful for everybody back home. I tried to give my all; I think I always did. I never compromised my morals or my ethics, and I was always honest and did what I thought was right. I thank those who believed in me; I can’t thank them enough for what they’ve given me the opportunity to do, and representing my home town is very important. During the last couple of years I’ve had a lot of staff, but I’ve got a couple that have been with me for the entire period. Sam Scott, ran my constituent work; phenomenal, phenomenal person, cares about people more than anybody I know, took great privilege in fixing problems for people, and worked countless hours. Andy Solon, was in my office for quite some time, now he’s in the Senate; brilliant mind on policy. Wendy Larner, who’s with me now, you helped me get through this period of life and this last term as well. Policy person, Brooke Ibrahim, finally Brooke Ladd, she’s been with me in education for the last five years; she’s great. Now she’s left, she’s got a new baby, wish her well; I’m sure she’s going to be a great mother, for she certainly was a mother to me for a few years. All the interns I’ve had; I’ve had 15-20. I’ve had some great interns; even Andy Solon started as an intern and worked his way up to be Chief of Staff, so we do have some great young people and young minds that we need to take advantage of. You know, you come to town and you think lobbyists are bad people, there’re just a couple I want to mention; forgive me for not mentioning all that have had an impact on my life, but Steve Young and Bill Zaagman, you know we’ve developed some good relationships.

Again, you don’t know what you’re going to get when you leave this chamber; when you start, you hear that people are going to forget you, and you don’t know what the relationships will be, but I’ve certainly made a great friend in Jim
Murray, two opposites, from opposite parties, opposite personalities, and we’ve just become great friends, and our families love each other. Dan Smith, has been with me since my first county commission race, and he’s also a great friend. I want to thank them for their guidance and their help during my term. I want to thank leadership; Mr. Speaker, you’ve been
very good to me, and I appreciate the task that you’ve got and the challenges; it’s probably the toughest job in Lansing,
by far. Again, we haven’t always agreed, but I’ve had tremendous respect for you, and we’ve had a tremendous ride over the last five years and I wish you guys the best. My family, I’d like to thank them. You all know the struggles our families go through during this ride, and my wife has been completely phenomenal, and my kids have been great. I miss them, and I am going to look forward to a regular job and spending some weekends with my kids and not having to do all the rubber chicken dinners, and everything that we’ve got to do. My mother, she’s been, you know, probably my biggest fan since I was a kid, and I’m proud of her and the things she’s accomplished in life too. You know, I think back to our first term, when we came in, and Speaker Dillon, having the faith and belief in me to take chairmanship as a freshman. He gave me Education; I didn’t want Education, I wanted Commerce, and I learned you don’t tell the Speaker ‘no.’ You just sort of say, ‘Yes, sir. I can’t wait to serve,’ and I thought about that over the weekend and I did, but that whole leadership team that we had, between Speaker Dillon, Representative Tobocman, Representative Angerer; we’ve built great friendships, a lot of respect for each other.

The opportunities in life, you don’t know when they’re coming or how you’re going to get them, but this has been a fantastic ride. I have a ton of respect for everyone in here that is in public service and the sacrifices that you give. I respect the chamber. It’s bitter sweet leaving, and I guess just one last word: Try to put the people of the state, and children of the state, before political partisanship and gamesmanship. This is an important job that we have, let’s respect this institution. Do what you think is right in your heart; everything else will work out. That’s the last parting word I’d like to leave with. God bless all of you and God bless the state of Michigan.”

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, August 26, for his approval of the following bills:

Enrolled House Bill No. 4409 at 11:00 a.m.

Enrolled House Bill No. 4410 at 11:02 a.m.

Enrolled House Bill No. 4731 at 11:04 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, August 25:

The bill was read a first time by its title and referred to the Committee on Agriculture.

Notices

August 30, 2011

Gary Randall

Clerk of the House

State Capitol

Lansing, MI 48913

Dear Mr. Clerk:

I hereby resign my position as State Representative for the 29th District, Michigan House of Representatives, effective Friday, September 9, 2011, at 11:59 p.m.

Thank you for your attention to this matter.

Sincerely,

Tim Melton

State Representative

29th District

Messages from the Governor

Date: September 6, 2011

Time: 3:00 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4731 (Public Act No. 130, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 321 (MCL 600.321), as amended by 2007 PA 64.

(Filed with the Secretary of State September 6, 2011, at 3:50 p.m.)

Date: September 6, 2011

Time: 3:02 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4409 (Public Act No. 131, I.E.), being

An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending sections 57, 57a, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p, 57q, 57r, and 57u (MCL 400.57, 400.57a, 400.57b, 400.57c, 400.57d, 400.57e, 400.57g, 400.57i, 400.57l, 400.57p, 400.57q, 400.57r, and 400.57u), section 57 as amended and section 57p as added by 2006 PA 471, section 57a as amended by 1999 PA 26, section 57b as amended and sections 57q and 57u as added by 2006 PA 468, section 57c as added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007 PA 9, section 57e as amended by 2006 PA 469, section 57i as added by 2000 PA 478, and section 57l as added by 1999 PA 17; and to repeal acts and parts of acts.

(Filed with the Secretary of State September 6, 2011, at 3:52 p.m.)

Date: September 6, 2011

Time: 3:04 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4410 (Public Act No. 132, I.E.), being

An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.

A bill to require employers to provide unpaid leave for employees to attend academic activities of their children; to provide the conditions for granting the leave; and to prohibit discrimination against employees who request or use the leave.

The bill was read a first time by its title and referred to the Committee on Commerce.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Reps. Tyler, Knollenberg, Horn, Denby, Huuki and Cotter introduced

House Bill No. 4909, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 8 (MCL 41.8), as amended by 1990 PA 101.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Reps. Denby, Knollenberg, Tyler, Horn, Huuki and Cotter introduced

House Bill No. 4910, entitled

A bill to amend 1994 PA 425, entitled “An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax,” by amending section 13 (MCL 123.1073).

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Reps. Horn, Knollenberg, Tyler, Denby, Huuki and Cotter introduced

House Bill No. 4911, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 8b (MCL 123.958b), as amended by 1995 PA 147.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.